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Judge OKs civil service trial for Vineland police chief

WOODBURY – A New Jersey Superior Court judge says disciplinary charges against Vineland police Chief Rudy Beu, caught in a bitter dispute with civilian superiors over access to confidential records, can head to trial before a civil service judge in June.

The decision came after roughly two hours of final oral argument on Monday before Assignment Judge Benjamin C. Telsey. The judge made no finding on the merits of the charges themselves, attorneys in the case said.

Attorneys for the chief and the city of Vineland are preparing a draft written order for Telsey to approve, possibly on Wednesday. The case has gotten statewide interest, as it pits police versus civilian authority.

Attorney Colin G. Bell, who represents the chief, saw positives in the ruling even though the civil service case was not dismissed outright as Beu had sought.

“First, he (Telsey) did say, and the order will provide, that the chief cannot be disciplined for a decision he makes one way or the other as to whether or not to release Internal Affairs records,” Bell said after the hearing.

Bell said it also is important that the judge held that Vineland can not discipline its chief on two cases already reviewed and decided by the Cumberland County Prosecutor’s Office.

The prosecutor, Bell said, decided in the one matter that “scandalous” allegations against Beu by then-Officer Ronald DeMarchi are unfounded.

The prosecutor, Bell said, also has exonerated the chief for how discipline was applied to Officer Joshua Sheppard. That officer is the father of Beu’s grandchild.

“So, I think it was overall actually a positive ruling for the chief and we think he will be fully exonerated during the disciplinary hearing process,” Bell said. “Especially now that the claims against him are going to be limited.”

Attorney William Cook, who represents the city, said the chief was trying an “end run” around the civil service system by going to Superior Court for an intervention.

“And the net effect of Assignment Judge Telsey’s ruling today is to hold that Chief Beu is treated like anybody else with respect to discipline,” Cook said.

“It’s a very important case because the city was, and, is conducting a very serious investigation as to alleged violations or harassment or retaliation that were made,” Cook said. “And the city has, under the laws, to investigate these matters. And that’s how this all started.”

Beu joined the department as an officer in 1982. He was sworn in as chief in January 2016.

The city issued disciplinary charges on Feb. 26 against Beu and ordered him suspended with pay. He also immediately was demoted to deputy chief, although that demotion was reversed in March and deemed “to be determined” after civil service proceedings.

Deputy Chief Pedro Casiano now is in charge as “acting chief.”

The chief’s suspension followed months of rising tension — punctuated with pointed letters and emails and hiring of attorneys — with city officials seeking access to Internal Affairs records. The records are for use by a city special counsel, Todd Gelfand.

On March 7, Bell filed a complaint in Cumberland County Superior Court asking the court to block disciplinary action and to confirm Beu’s authority at the municipal level over when and how Internal Affairs are released to non-police officials.

“All the city is trying to do here is to do exactly what any employer would when these sorts of complaints are made,” Cook said after the hearing. “They’re very serious allegations.

Cook acknowledges Beu did release some records, but not all those the city believes it has a right to see. “And the issue we have here is Chief Beu was using many different avenues to try to avoid even responding to us, one way or the other,” he said.

However, Bell states that the record shows the chief was not insubordinate, as he is charged. The city’s motivation is frustration over the kinds of decisions Beu made, he said.

“If you go back to Exhibit N (in the court file), that is his three-page, written response saying, ‘These are the ones I’m releasing. These are the ones I’m not releasing. And these are the ones I need more information before I determine whether good cause exists,’” Bell said. “And right after he sends them that, that’s when they issue the Notice of Discipline saying he’s being insubordinate.”

Monday’s decision does not affect a federal lawsuit Beu filed on March 6. That lawsuit concerns a claim that the city is conducting an investigation into Beu as a retaliatory act.

A copy of the original and amended disciplinary notice against Beu is in the court file.

The disciplinary notice states Beu is charged under rules and regulations covering the following: Performance of duty; action off-duty; obedience to laws, ordinances, rules, and written directives; insubordination; providing false information; conduct toward other department employees; and truthfulness.

Another section of the disciplinary notice describes an alleged April 2017 conversation between Beu and DeMarchi at a bar. The conversation is about an open sergeant’s position and who might be promoted.

DeMarchi claimed Beu made inappropriate sexual remarks about his wife and daughter.

The Prosecutor’s Office rejected that allegation. A Feb. 4, 2020 letter from an investigator to Beu states in part: “The investigation revealed that the alleged incident was unfounded, as witnesses did not support the allegation. As such, the investigation is closed as unfounded.”

The disciplinary notice also describes Gelfand as assigned to investigate complaints of retaliation and harassment. The complaints include ones from Police Benevolent Association Local 266 and Capt. Adam Austino.

Another part of the court file is a September 2019 letter Prosecutor Jennifer Webb-McRae wrote city solicitor Richard Tonetta. The letter regards the conclusion of an investigation into whether the chief properly administered discipline to Sheppard.

The prosecutor concluded Beu had done so. She, however, advised him in the future that it would “behoove the chief to recuse himself and permit the next highest ranking officer to decide culpability as well as to mete out the discipline.”

Webb-McRae also admonished city Public Safety Director Edwin Alicea for asking Capt. Steven Triantos to provide a written report detailing the investigation into Sheppard.

“Per the policy, Director Alicea cannot direct anyone to release information about confidential internal affairs policy,” Webb-McRae wrote. “Accordingly, asking for a report about an internal affairs investigation was an inappropriate order and should not have been complied with.”

The prosecutor also directed Beu to instruct his command staff they are not to release such files to anyone other than their chief.

Joe Smith is a Philly native transplanted to South Jersey more than 30 years ago. He is a former editor and current senior staff writer at The Daily Journal in Vineland. Have a news tip? Reach out at (856) 563-5252 or jsmith@thedailyjournal.com or follow me on Twitter, @jpsmith-dj. Help support local journalism with a subscription to The Daily Journal.